Judges’ pay scheme should be more appealing, say lawyers

 

The present salary scheme gives scant regard to the seniority and experience of judges, says lawyer Syed Iskandar Syed Jaafar.

PETALING JAYA: An attractive salary scheme, styled similar to those in the private and public sectors, must be immediately drawn up for judges, a lawyer said.

Syed Iskandar Syed Jaafar said it was “utterly ridiculous” that members of the judiciary – an important arm of constitutional government – were victims of a stagnant wage structure.

He said under the Judges’ Remuneration Act 1971, a Federal Court judge earns a basic salary of RM28,500, a Court of Appeal judge receives RM27,500, and a High Court judge gets RM26,500. Judicial Commissioners draw RM25,500.

The Chief Justice’s basic salary is RM36,000, the Court of Appeal president, RM31,500, and the Chief Judges of Malaya and Sabah and Sarawak, RM30,000.

However, members of the judiciary do not receive an annual increment, unlike civil servants and those who work in the private sector.

Syed Iskandar said: “The present salary scheme gives scant regard to seniority and experience. A newly elevated High Court judge will earn the same basic salary as his seniors on the judicial ladder.”

Judges in Singapore were much better rewarded and also receive performance bonuses, he added.

At present, all wages and other perks paid to members of the judiciary come out of the Consolidated Fund, which contains government revenue from all sources.

The judiciary includes 11 Federal Court judges, 27 judges of the Court of Appeal, 88 High Court judges and 36 judicial commissioners.

Another lawyer, A Srimurugan, said the existing scheme prevents the Bar’s best legal brains from joining the bench.

“The current salaries paid to judges in all three courts will not be attractive to the top lawyers, who earn many times more in practice,” he said.

Srimurugan said Malaysian judges were paid lower than their Indonesian counterparts.

“If the government due to financial constraints is not in a position to increase their salaries, then they should at least be exempted from paying tax,” he added.

Last week, the Malaysian Bar adopted a motion calling for an independent remuneration commission to be set up to conduct periodic reviews of salaries and perks for members of the judiciary.

Pending the establishment of the commission, lawyers present at the Bar annual meeting called an immediate review of the existing remuneration for judges.

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Salary increases of judges appear to have been done on an ad-hoc and irregular basis, with the last two reviews conducted in 2009 and 2015.

Like senior civil servants, judges also receive housing, entertainment and special allowances. They are also allowed periodic overseas travel together with children aged 18 and below, are entitled to a car loan, and have their telephone and internet bills paid for. - FMT